Early Completion of H-1B Employment
The hiring department and the employee must notify IFSS in writing of the early completion of employment or the resignation of an H-1B worker by submitting a termination or resignation letter. Please indicate if employment is ending prior to the expiration date listed on the I-797A H-1B approval notice.
The H-1B worker may be eligible for a grace period of up to 60 consecutive days when his/her employment ends before the authorized period ends, so he/she may pursue new employment and extension of status. Employment is not authorized during this period unless you have another form of work authorization. For more information, refer to USCIS final rule.
10-day Grace Period after H-1B petition ends
Up to 10 days may be granted at the time of entry into the U.S. from abroad or in connection to a change of status or extension of stay application. The granting of the grace period post-petition by CBP or USCIS is discretionary. You may remain in the U.S. during this period but you cannot work.
Cost of Return Transportation
If the employer terminates employment prior to the end of the H-1B petition validity period, for any reason, the employer is required to pay the reasonable cost of return transportation to the employee’s last place of residence abroad.
If the employee voluntarily terminates employment, the employer is not liable for the cost of return transportation abroad. You must depart the U.S. on the final day of employment with the sponsoring employer unless you have secured H-1B sponsorship of another employer or changed immigration status.